Legal Opinion
United States v. 101.80 Acres of Land
Court of Appeals for the Ninth Circuit
Decided September 23, 1983No. Nos. 82-3044, 82-3046PublishedCited by 30 opinions
1Opinion of the Court
FLETCHER, Circuit Judge:
These consolidated appeals are taken from two condemnation proceedings in which the compensation eventually awarded to the condemnee for an easement taken by the government far exceeded the amount originally deposited with the court by the United States. The district court denied each condemnee recovery of costs, attorney fees, and expenses against the United States under 28 U.S.C. § 2412 (Supp. IV 1980), as amended by the Equal Access to Justice Act (the Act), on the ground that the landowner in a condemnation proceeding can never be a “prevailing party” as required…
2Cases cited34 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- United States v. MitchellSupreme Court of the United States · 1980
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State PrisonCourt of Appeals for the First Circuit · 1978
- Radzanower v. Touche Ross & Co.Supreme Court of the United States · 1976
29 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- George L. Barry v. Otis R. BowenCourt of Appeals for the Ninth Circuit · 1987
- Josiah L. Hoohuli v. George AriyoshiCourt of Appeals for the Ninth Circuit · 1984
- Gavette v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1986
- Leonard D. Goodisman v. Scott LytleCourt of Appeals for the Ninth Circuit · 1984
- United States v. 2.61 Acres of LandCourt of Appeals for the Ninth Circuit · 1985
25 more not listed; retrieve them via the Exa API.